Ex Parte BERG et al - Page 1




                    The opinion in support of the decision being entered today was not written for                         
                                publication and is not binding precedent of the Board.                                     
                                                                                         Paper No.  33                     
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                      __________                                                           
                                    BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                          
                                                      __________                                                           
                                             Ex parte RICHARD A. BERG,                                                     
                                    PAUL D. TOMAN and DONALD G. WALLACE                                                    
                                                      __________                                                           
                                                 Appeal No. 1999-2231                                                      
                                              Application No. 08/278,774                                                   
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           
                  Before ADAMS, MILLS and GRIMES, Administrative Patent Judges.                                            
                  ADAMS, Administrative Patent Judge.                                                                      
                                                DECISION ON APPEAL                                                         
                         This is a decision on the appeal under 35 U.S.C. § 134 from the                                   
                  examiner’s final rejection of claims 1-3, 6-9, 14-16 and 18, which are all the                           
                  claims pending in the application.                                                                       
                         Claims 1 and 6 are illustrative of the subject matter on appeal and is                            
                  reproduced below:                                                                                        
                         1. A recombinant procollagen polypeptide chain comprising a natural                               
                             collagen polypeptide chain, a first natural procollagen C-terminal                            
                             propeptide and a first non-natural site-specific proteolytic agent                            
                             recognition site, wherein said first non-natural site-specific proteolytic                    
                             agent recognition site is located between said collagen chain and said                        
                             first propeptide.                                                                             
                         6. A recombinant procollagen chain according to claim 1, further                                  
                             comprising a second propeptide and a second non-natural site-                                 





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